tenant questions

[jon1]

This is in CA.

I sublet a room on a week by week basis to 2 guys. (this works exactly like month to month, except rent was paid weekly and the arrangement could be terminated at a weeks notice by either party). There was abslolutely no misunderstanding about the terms.

The guys stayed there about a month and turned the room into a garbage dump, and I gave them 10 days notice last Wednesday to move out the following sunday - more than a week so they have enough time to look for a new place. They moved out on the immediate weekend (on sunday), informing me only in the morning they were moving out, and asked me for the security deposit. I reminded that they needed to give me a weeks notice, and that they should have communicated this when they got my notice, so they would be liable to pay me rent only till wednesday, but as they did not I would hold the deposit to cover my notice period. However I assured them that if I can find someone immediately to take over the room, (generally possible in San Francisco), I would refund the balance of the deposit pro-rated, and asked them to leave a forwarding address.

I was out later in the day and they moved out all their stuff that time, taking the keys with them and no contact information - have an email address only. They are young guys just starting out in life and I don't want to make things too difficult for them unless they refuse to co-operate after I send them an email. However before I do taht I need some answers

1) Are they still tenants as the still hold the keys and liable to pay rent till they hand them back to me?
2) What if I cannot recover the keys - not only is my apartment at risk but the entire building is exposed as they have the keys to building entrance.
3) Can I rent out the room to someone else - I have some interest ?

TIA

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jon1:
This is in CA.

I sublet a room on a week by week basis to 2 guys. (this works exactly like month to month, except rent was paid weekly and the arrangement could be terminated at a weeks notice by either party). There was abslolutely no misunderstanding about the terms.

The guys stayed there about a month and turned the room into a garbage dump, and I gave them 10 days notice last Wednesday to move out the following sunday - more than a week so they have enough time to look for a new place. They moved out on the immediate weekend (on sunday), informing me only in the morning they were moving out, and asked me for the security deposit. I reminded that they needed to give me a weeks notice, and that they should have communicated this when they got my notice, so they would be liable to pay me rent only till wednesday, but as they did not I would hold the deposit to cover my notice period. However I assured them that if I can find someone immediately to take over the room, (generally possible in San Francisco), I would refund the balance of the deposit pro-rated, and asked them to leave a forwarding address.

I was out later in the day and they moved out all their stuff that time, taking the keys with them and no contact information - have an email address only. They are young guys just starting out in life and I don't want to make things too difficult for them unless they refuse to co-operate after I send them an email. However before I do taht I need some answers

1) Are they still tenants as the still hold the keys and liable to pay rent till they hand them back to me?
2) What if I cannot recover the keys - not only is my apartment at risk but the entire building is exposed as they have the keys to building entrance.
3) Can I rent out the room to someone else - I have some interest ?

TIA<HR></BLOCKQUOTE>

1) You can charge them rent until they return the keys or you re-rent the property.

2) If the building is secured, you have a suty to tell the management company that the security keys are with tenants that moved out. It may be possible that the lock may need to be rekeyed.

3) you can rent out the place to someone else but be sure that there are new locks or new
keys for security purposes.

 

[Tracey]

Your actions were absolutely correct.

1. Until they surrender the keys or you change the locks, you can't re-rent the room. It's not secure.

2. If you don't get the keys back, you'll have to pay to rekey your place and the building entrances & pay for new keys for everyone.

Send them an email saying exactly how much they'll be charged if they don't return the keys. The amount could be over $2000, depending on how many locks get changed & how many units there are. Let them know that you WILL sue their asses for the $$. Also tell them that you CANNOT legally rent the room to someone else until they return all keys, & they will be liable for the rent until they return the keys. You have 30 days from the end of the tenancy to return the deposit. This gives you time to clean up their mess & make repairs.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.